A probate solicitor is responsible for handling the legal process (known as probate) which takes place after someone has passed away. This ensures taxes are paid and the deceased’s wishes are carried out, including distributing assets to beneficiaries.
Below we look at the role of a solicitor during probate, why you should hire a professional and what it will cost.
Why You Might Need a Probate Solicitor
A solicitor can reduce the administrative burden of probate. During what can be a difficult time, they will ensure all the relevant forms and legal documents are prepared correctly. They will act in your best interest to ensure the process runs as seamlessly as possible.
Although probate can be completed without a solicitor, it is not recommended. DIY probate can increase the risk of mistakes which can be costly and time-consuming. A probate solicitor has the experience and qualifications to minimise the risk of costly mistakes.
The common pitfalls in the process include:
Tax errors
Improper asset distribution
Disputes over the will
A missing or invalid will
Incorrect information on the probate application
Although using a probate solicitor is not a legal requirement, it is highly recommended. It can even be essential in some circumstances. These include high-value estates, contested wills and foreign assets.
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Key Services Offered by Probate Solicitors
Estate Valuation and Tax Compliance
A probate solicitor will be required to accurately value the estate. They must account for property, money held in bank accounts, building societies, and material assets such as jewellery, art, and cars.
They will also have to ensure that tax liabilities are considered. This includes Inheritance Tax (IHT) and potentially Capital Gains Tax if property is sold.
Inheritance Tax (IHT) is a tax on the estate of the deceased and must be paid before probate can be granted. The standard rate is 40%. If the estate is below the £325,000 threshold, you normally won’t need to pay tax. An IHT400 form will need to be completed if there is any IHT to pay.
Capital Gains Tax (CGT) is a tax on any profit made when an asset is sold or “disposed of” (given away or swapped for something else). According to the UK Government, CGT will apply if an asset has gone up in value since the person died or since being valued for IHT.
Apply for Probate
Once IHT has been paid, your solicitor will apply for probate. According to the UK Government, probate is usually granted within 16 weeks of an application being submitted. However, it can take longer if additional information is required.
Estates of a value over £5,000 will incur a fee of £300 for the application. Extra copies of the probate document are £1.50 each. For estates valued under £5,000, there is no fee.
Debt Management and Distribution of Assets
Solicitors will handle debts, locate beneficiaries, and ensure the correct distribution of assets (including finances, property and personal possessions).
When someone dies in debt, this becomes the responsibility of the estate. Any debt must be taken into account when valuing the estate. This does not apply to a government student loan which is cancelled upon the person’s death.
Funds from the deceased’s estate are used to pay off any debts before the remaining assets are distributed to beneficiaries.
It is up to the executor to arrange for the debts to be repaid but they are not personally liable for paying the debt. A solicitor can advise on the best way to do this and how to proceed.
Managing Family Disputes, Legal Challenges and Special Circumstances
In the event of disputes or legal challenges, your solicitor's role can include mediating. They will work with the executor to ensure compliance with the will.
Solicitors can also assist if there are special or additional circumstances. These include, but are not limited to:
- Foreign assets
- Business assets
- Property transactions
Cost of Hiring a Probate Solicitor
The size, value and complexity of the estate are major factors that influence your probate costs.
Solicitor’s fees can be charged at an hourly rate, fixed fee, or percentage-based. This is usually 1.5–2.5% of the gross value of the estate, according to Hunt and Coombs.
How they charge these fees will be at the solicitor's discretion. You must be aware of their pricing structure and method before proceeding. Cost transparency is essential during probate. Reputable solicitors provide upfront probate fees and cost estimates.
Costs will vary depending on the time spent on your case and how complex it is. It also depends on how much assistance is required.
They can handle the full estate administration, which is the most expensive option. Alternatively, they can just apply for the grant of probate, with any other work completed by the executor of the estate.
The other option is partial administration. The solicitor’s role would be to apply for a grant of probate and handle some work or tasks, with the rest left to the executor.
For more information read: How Much Do Solicitors Charge for Probate?
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Probate Process Timeline and What to Expect
The typical probate timeline in the UK is 6-12 months. This is due to the steps involved in the process. These include the following:
Post-death administration
This includes registering the death and arranging the funeral. The post-death administration also includes assessing the financial circumstances of the deceased.
Pre-application
Pre-application work includes ensuring any inheritance tax due is paid. Documents are prepared, including the original copy of the will and the death certificate.
Valuing the estate
The estate will need to be valued, including any debts tied to the deceased. If a property is part of the estate, a RICS valuation will be required.
Obtaining Grant of Probate/Letters of Administration
Next, the probate application is submitted. If the deceased left a valid will, a grant of probate will be awarded to give legal authority to the executors of the will to fulfil their role.
When a valid will cannot be produced, letters of administration are issued which give legal authority to an administrator or personal representative to manage the estate.
Receiving approval
Once confirmation of probate has been received, the process of distributing assets to the beneficiaries can begin.
Potential Delays
A solicitor can not only work to avoid delays, but they can help manage the expectations of beneficiaries.
Common reasons for extended probate times include:
- Disputes and contests to the will
- Delays with HMRC
- Waiting for confirmation of probate
Benefits of Hiring a Probate Solicitor
The key benefit of hiring a professional probate solicitor is their expert knowledge and insight. They will be well-versed in the probate process, in addition to inheritance law and tax.
The role of the solicitor is to handle the legal aspect of the process, allowing clients to focus on grieving. They aim to save time and reduce stress during a delicate time.
They can protect against legal and financial risks, which could potentially be a concern if probate was undertaken without a solicitor. They can also act as a neutral third-party presence to help prevent conflicts between relatives and mediate during disputes.
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Frequently Asked Questions
Is a probate solicitor required by law?
No, a probate solicitor is not required by law in the UK. Due to the complexities associated with probate, legal expertise is strongly recommended. They can provide legal advice, organise legal and financial documentation and assist with the valuation of the deceased person’s estate.
Can probate be done without a solicitor?
Yes, probate can be completed without a solicitor. It is not advised, as mistakes can be costly and cause delays. This can be minimised if a professional handles the process. For small estates, a probate solicitor might not be necessary.
How long does the probate process take without a solicitor?
Without the assistance of a solicitor, probate may take longer. This is because it can often be complex and without the expertise of someone familiar with the process, delays can slow down the process. A solicitor will know the most effective ways to complete the probate process, working with you to ensure a satisfactory outcome.
How do probate solicitors handle inheritance tax?
Inheritance tax must be paid before probate is granted. This is paid by the executor of the will. A solicitor can advise you on the tax threshold and what needs to be paid.
Finding a Professional Probate Solicitor
Choosing the right solicitor for you is essential to a successful probate application and process. Credentials and experience are paramount. By comparing solicitors, you can find out what experience they have in estate law, inheritance tax, or contested wills.
Accreditations and memberships of governing bodies are a sure way to judge the professionalism of a company or solicitor. Look out for membership to the Law Society and their accreditation Wills and Inheritance Quality Scheme (WIQS). Other relevant legal bodies include the Society of Trust and Estate Practitioners (STEP) and the Institute of Chartered Accountants (ICAEW)
Reviews and recommendations are also vital to consider. Read testimonials and previous client feedback to get an idea of customer service and efficiency.
Hiring a probate solicitor can give you peace of mind and help to ensure the probate process is completed efficiently. Compare My Move can match you with up to 6 licenced and trusted solicitors.
Using our services allows you to compare quotes and services, finding the right fit for your needs. Rest assured all companies on our network must pass our strict verification process. They must also be regulated by either:
Solicitors Regulation Authority (SRA)
Law Society of Scotland (LSS)
Law Society of Northern Ireland (LSNI)
Council for Licensed Conveyancers (CLC)
Institute of Chartered Accountants (ICAEW)
